Theories of Liability in Truck Accidents

September 02, 2016
By
Pierce, Herns, Sloan & Wilson, LLC

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If you’ve been injured in a trucking accident, you may have a right
to pursue compensation and take legal action against the driver responsible
for the accident. Because of the size of large commercial trucks compared
to that of normal passenger vehicles, the damage trucks can do is often
far more than what the truck driver can afford – there’s a
chance that the truck driver does not have the financial means to fully
compensate you. In these instances, your attorney will likely look to
other parties and individuals who are potentially liable. In order to
do so, the attorney must find a theory of liability.

Employer Liability

The next obvious entity to look to is the employer. “Respondeat Superior”
refers to the legal doctrine that holds that employers should be held
accountable for the negligence of the individuals they hire. If the truck
driver was an employee of a trucking line, you may be able to hold the
employer liable for your injuries. Oftentimes, however, companies will
distance themselves from their employee in an effort to avoid this liability.

Negligent Hiring

Companies, trucking lines included, have a duty to not hire individuals
who are likely to do unreasonable harm to others. Whether it be through
screening or extensive background checks, trucking lines are expected
to take the necessary steps to hire employees who do not endanger the
public. If, for whatever reason, the trucking line is suspicious of an
employee who may be a potential threat, under no circumstances should
they engaging in business with this individual.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.